These Terms and Conditions (“Agreement”, “T&C”) govern your use of uVPN Services and Products available through the uVPN websites including all pages and features within the website (“the Website”). These Terms are a legal agreement between you (referred to herein as “you” or “your”), on the one side, and Brocode Limited which is the owner of uVPN Services (“we”, “us”, “Company”), on the other side.
You and we are sometimes referred to herein each as a “Party” and together as the “Parties”.
1. Acceptance of Terms
By downloading, installing and using uVPN or others our products and services (“uVPN Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These T&C apply to all users of uVPN Services, including users with paid accounts.
We reserve the right, at our sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, we will notify you by posting an announcement on the Company`s website. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using uVPN Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), and you have the right and authority to enter into legally-binding agreements on your own behalf.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACTIVATE, USE, AND/OR ACCESS uVPN SERVICES.
2. Services and License
Company is providing uVPN Services of subscription to Virtual Private Network. A VPN is a method used to add security and privacy to private and public networks, like Wi-Fi hotspots and the Internet. Once you have a valid and paid Account (as defined below) (or if you are using uVPN Services as part of trial period), you will have the option to choose a location (country based) for your Internet Protocol (“IP”), from one of the available servers locations.
uVPN guarantees a strict no-logs policy for uVPN Services, meaning that the uVPN Services are provided by an automated process, and your activities while using them are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to limit the number of simultaneous sessions of an active user, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is wiped within 15 minutes after the session is terminated.
We cannot guarantee as to the continuous availability of the uVPN Services or of any specific feature(s) of uVPN Services. However, we will inform you of any significant changes to uVPN Services it may occasionally make. Company reserves the right to impose uVPN Services limits, suspend uVPN Services, or block certain kinds of usage at our sole discretion.
For the purpose of this Agreement we grant to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable license, to access, display, and use uVPN Services only for personal, noncommercial purposes.
The license granted to you under this Agreement is limited to a single authorized account to access, use and display.
No license is granted to you in the human readable code or source code of uVPN Services.
In order to use some of uVPN Services you may be required to open a user account (“Account”). In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
YOU ACKNOWLEDGE THAT ANY PERSON WITH ACCESS TO YOUR USERNAME AND PASSWORD MAY BE ABLE TO ACCESS YOUR USER ACCOUNT. YOU ACCEPT ALL RISKS OF UNAUTHORIZED USE OF YOUR USER ACCOUNT AND HEREBY RELEASE COMPANY FROM ANY LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s Account without the permission of the Account holder.
4. Your obligations
You are solely responsible for ensuring that your device is sufficient and compatible for use with uVPN Services.
Company may not be used to misrepresent or to act on behalf of others. All messages you transmit through uVPN Services shall identify you as the sender.
You may not:
- resell or distribute uVPN Services, in whole or in part, by any means;
- make any modifications to, or unauthorized copies of, uVPN Services;
- edit, alter, abridge or otherwise change in any manner the content of uVPN Services, including, without limitation, all copyright and proprietary rights notices;
- reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, uVPN Services;
- modify, translate, adapt, alter, or create derivative works from uVPN Services;
- copy (other than one back-up copy), distribute, transmit, sell, rent, lease or otherwise exploit uVPN Services; or
- distribute, sublicense, rent, lease, loan, or grant access to or use of, uVPN Services to any third party;
- violate any applicable laws or regulations;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information;
- express or imply that any statements you make are endorsed by us, without our prior written consent;
- use uVPN Services to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
- distribute any content over or using uVPN Services that is, or is directed to inciting or producing imminent conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, libelous, invasive of another’s privacy, or hateful;
- restrict or inhibit any other user from using uVPN Services, including, without limitation, by means of “hacking” or defacing any portion of uVPN Services;
- attempt to bypass the usage limitations on a free account;
- access or use (or attempt to access or use) another user’s content without permission; harvest or collect information about or from users of uVPN Services without their express consent or, even if such consent is provided, fail to comply with applicable law;
- violate or attempt to violate the security of uVPN Services;
- upload to uVPN Services (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary, or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us).
We may suspend or terminate your access to, and use of, uVPN Services and/or any features made available through uVPN Services immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms and Conditions.
We make available uVPN Services on such platforms:
- iPhone/ iPad;
6. Fees and Subscriptions
The Company proposes you uVPN Services both on the free and paid basis. Our current prices on uVPN Services you may find here (“the Subscription Fee(s)”). We offer you uVPN Services in the forms of different subscription plans. We may change the duration, pricing and other terms of subscription plan at any time without liability or any prior notice required
We may offer you a 7-day free trial period or other promotional free period(s), discounted Subscription Fees or any other discounts for accessing and using the subscription-product pages and discounted products of the Website. We will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you further agree to the terms and conditions of the applicable Subscription plan and agree to pay Subscription Fees in order to receive the continued right to access and use the subscription-only uVPN Services, as applicable. The Company may amend the conditions of this free trials and discounts at any time at its sole discretion, provided however that the trials already started at that moment shall survive till the end of such period.
At the start of each subscription period, the third-party reseller in capacity of merchant of record will charge the Subscription Fee to your credit card or debit card on file as identified in your Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Websites; and you will receive a receipt through your email. All payments are recurring (i.e., shall be automatically renewed at the end of the billing period of your Subscription Plan). You shall be solely liable for any fees, commissions or rates of the third-party payment processors of your choosing. You may cancel your subscription at any time by contacting our support team [email protected]
Remember, that in case of unsuccessful transaction, the third-party reseller will try to charge you again, when it will be informed of the appearance of such possibility. Accounts that remain past due will be changed to free subscription plan or may be suspended at our sole discretion.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
7. Moneyback and Refunds
You may cancel your subscription and receive a refund within the first 30 calendar days after the registration to uVPN Services upon request to [email protected] Otherwise, all payments made according to these Terms are final and Company will not reimburse or refund any payments for any reason.
Refunds will only be issued to account holders who voluntarily cancel their subscription to uVPN Services within the aforementioned period after purchase. If an account is terminated for violation of these Terms, no refund will be issued for any remaining account balance or unused subscription to uVPN Services.
Refunds are generally processed within seven (7) days and are made to the original form of payment used for purchase.
Should you, by any means or way, revoke or cancel any of your payments to Company, third party reseller shall be allowed to supply the third-party clearing or payment service any information about such transaction; including, but not only, your email address, your IP address and activity pursuant to such denied transaction. As a current or prior client of the Company, you agree to allow the Company to attempt settlement of any billing dispute for thirty (30) days before disputing with any third party, credit card company or bank. Company simply requires that it be the first option in billing disputes. If you want to dispute any payment, please contact us at [email protected] .
8. Third-Party Content
We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive, or buy while using uVPN Services. We may, but are not obligated to, block information, or transmissions of or access to certain information, services, products, or domains, in order to protect the uVPN Services, our network, the public, or our users. We are not a publisher of and do not endorse any third-party content accessed through uVPN Services. You agree that we are not responsible for the accuracy, timeliness, or delivery of any third-party content, advertising, products, or other materials accessed through uVPN Services, and we expressly disclaim liability for any harm resulting from your access to or use of such.
10. Copyright and DMCA
The Company takes copyright and other intellectual property rights very seriously. It is the Company`s policy to expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and remove and discontinue uVPN Services to repeat offenders.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through uVPN Services infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on uVPN Services (please include, both, source and destination IP addresses and GMT timestamp for the infringing material when submitting the notice);
- information reasonably sufficient to permit us to contact the complaining party, such as name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details).
DMCA notices and counter-notices regarding the uVPN Services should be sent to:
- Email: [email protected]
You acknowledge that if you fail to comply with all of the above requirements of this Section 10, your DMCA notice may not be valid.
11. IP Notices
The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on uVPN Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.
12. Cancelling the uVPN Services
Subscriptions to uVPN Services may be cancelled at any time. Subscribers may cancel their accounts via the link provided in the fulfillment email received after purchase (from “Support”) or by contacting [email protected].
13. Termination of the uVPN Services
We would hope that we would seldom have to resort to such action, but as we cannot predict every instance in which it may be necessary, the Company reserves the right to suspend, terminate, or refuse uVPN Services to anyone at any time for any reason.
You are responsible for all actions that occur regarding your account. As a condition of uVPN Services, you agree to indemnify and defend and hold the Company, our affiliates, distributors, partners, licensors, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of these Terms, including any violation of the rules set forth in Section 4 above.
15. Disclaimer of Warranties
YOUR USE OF uVPN SERVICES IS AT YOUR OWN RISK. uVPN SERVICES ARE PROVIDED ON “AS IS” AND “AS AVIABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, SYSTEM INTEGRATION, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF uVPN SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT uVPN SERVICES, THE SERVER(S) ON WHICH uVPN SERVICES ARE OFFERED OR ANY SOFTWARE INCORPORATED INTO uVPNSERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF uVPN SERVICES AND YOUR RELIANCE ON uVPN SERVICES. NO OPINION, ADVICE, OR STATEMENT OF THE COMPANY OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, AND/OR SPONSORS, OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH uVPN SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO uVPN SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED IN uVPN SERVICES AND ALL FEATURES AND FUNCTIONALITY OF uVPN SERVICES). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH uVPN SERVICES IS TO STOP USING uVPN SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND MAXIMUM LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR uVPN SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE AMOUNT PAID FOR uVPN SERVICES THAT YOU HAVE PURCHASED THROUGH THE WEBSITE.
17. Limitation of Claims
Where permitted by law, you and the Company agree that any cause of action arising out of or related to uVPN Services must be commenced within one (1) year after it accrues, or it is permanently barred. Company`s total, cumulative liability to you for any damages arising out of or related to uVPN Services shall be limited to the greater of the following amounts: (i) one-hundred dollars ($100); or (ii) the amount you paid the Company for your use of uVPN Services.
18. Dispute resolution and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong, without regard to its principles of conflicts of law. You agree to submit any disputes directly to the Hong Kong International Arbitration Centre.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST THE COMPANY OR OTHER PERSONS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
If any of the provisions of this Agreement is held invalid, such provisions shall be severed and the remainder of the Agreement shall remain in force and shall not be affected thereby.
20. Entire Agreement
This is the entire Agreement between you and us relating to the subject matter and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
These Terms and Conditions may be modified or amended as set forth in the section 1 of these Terms and Conditions.
The Company may provide notifications to you via email notice, or through posting of such notice on the website, as determined in our sole discretion. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Should You have any questions, complaints, or claims with respect to uVPN Services and these Terms and Conditions, please contact:
Email: [email protected]
Company does not provide any guaranteed response time but will make a good faith effort to answer questions within five (5) business days.